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Basketball New Zealand Inc v Kareem Johnson

Overview:

Anti-doping – cannabis – recreational use – admitted violation – outdated BBNZ anti-doping code applied at time of violation – Tribunal applied same interpretation to code as in BBNZ v Bush (ST 15/07, 10 October 2007) – fact that was a professional athlete did not of itself influence Tribunal – however ban would have potentially harsh consequences for player as basketball season was short and may affect whether player offered future contract – aggravating circumstances of player being experienced competitor who well aware that cannabis was prohibited – player offered to help other athletes under a drug education programme – while ban was appropriate, Tribunal would suspend ban on condition player participated in suitable drug education programme – player banned from competing in BBNZ events between 15 February 2008 and 21 March 2008 but ban was to be suspended if player satisfied certain conditions relating to participating in drug education programme.

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